FIR under section 420

I entered in agreement to sell with a person in October 2014 and the date for specific performance was in September 2015. The person did not perform. I issued him a notice in September but he did not reply. He said verbally he will perform but did not so I filed a civil suit, there he agreed to perform but when I asked him to come for registration he was lured by the agent who had made our deal. Now he is not picking the phone and to his advocate he has denied for performance and says he will wait for the courts decision. Now I do not have any sympathy or humanity for him. Can I file criminal case against him under section 420. Logic says, If he has taken the consideration he ought to perform. What could be the courts decision in this case. Will he be left with penalty alone or specific performance will be ordered. Can I file case against the property dealer also under section 420. I gave him commission by cheque but there was no written agreement with him but he has signed as witness in the contract and surely will give witness in his favor because he would earn commission again from buyer and seller as well. That property dealer has led me into some other deals also non of which could mature because sellers could not hand over possession as per ownership. I mean to say the agent in fraud. I have paid all the commission to him through cheque but no agreement. Is filing the FIR virtue of Police or if they refuse to do so how can I get it filed.